Durgashankar vs The State Of Madhya Pradesh
2023 Latest Caselaw 19362 MP

Madhya Pradesh High Court

Durgashankar vs The State Of Madhya Pradesh on 21 November, 2023

Author: Vivek Rusia

Bench: Vivek Rusia

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                        BEFORE
                                            HON'BLE SHRI JUSTICE VIVEK RUSIA
                                              ON THE 21 st OF NOVEMBER, 2023
                                          MISC. CRIMINAL CASE No. 49175 of 2023

                           BETWEEN:-
                           DURGASHANKAR S/O SHAVRAM, AGED ABOUT 40
                           YE A R S , OCCUPATION: AGRICULTURE R/O GRAM
                           NATARAM DISTRICT MANDASUR (MADHYA PRADESH)

                                                                                             .....APPLICANT
                           (BY SHRI SANTOSH KUMAR MEENA, ADVOCATE.)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION JEERAN,
                           DISTRICT NEEMUCH (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                           (BY SHRI KUSHAL GOYAL, DEPUTY ADVOCATE GENERAL.)

                                 This application coming on for orders this day, th e court passed the
                           following:
                                                                ORDER

01. This is a repeat (fourth) application u/s. 439 of the Code of Criminal

Procedure, 1973 filed by the applicant-Durgashankar who is in custody since 06.03.2020 in connection with Crime No. 355/2019 registered at Police Station- Jeeran, District Neemuch for the offence u/s. 8/15, 29 of NDPS Act.

02. This repeat application is filed solely on the ground of delay of trial because the second application vide order dated 01.09.2021 passed in M.Cr.C. No.29775/2021 had already been dismissed on merit.

03. Learned counsel for the applicant submits that only 5 witnesses are

remaining to be examined in this case, therefore, the trial itself can be concluded

expeditiously looking to the period of custody as held by the Apex Court in number of judgments.

04. In view of the above, this M.Cr.C. stands dismissed.

(VIVEK RUSIA) JUDGE Divyansh